Can voluntary redundancy form the basis of an unfair dismissal claim?
A recent Employment Appeal Tribunal case demonstrates some of the issues that may arise in a voluntary redundancy situation.Read more
The claimant stated that he was riding his motorcycle when the defendant, our insurance client’s policyholder, caused a road traffic collision by crossing his path.
Following the incident, the claimant brought forward an £8,551.20 hire claim, £1,703.87 repairs claim, and a £50.00 engineer’s fee claim.
This version of events contrasted the defendant’s, who claimed that his vehicle was stationary, as he was waiting to turn right into a petrol station. The defendant suspected that the claimant was looking down at a mobile device mounted on the handlebars of his motorcycle and did not notice the defendant’s vehicle until it was too late. Also, photographs taken by the defendant at the scene showed that the damage to both vehicles was minor and limited to smudges.
We drafted a robust defence and dissected the claimant’s evidence at every opportunity.
By reviewing their impecuniosity documents and proving their solicitors to be in breach of numerous procedural matters, we built sufficient evidence to defend our insurance clients policyholder, showing that the claimant was liable for the accident and seeing the court dismiss the case.
Despite the opposing counsel’s best efforts to delay matters by alluding to the possibility of discontinuance, the trial still went ahead, and the claimant proved to be a poor and belligerent witness, in contrast to the defendant who was calm and confident.
The dismissal of this case resulted in our insurance client saving £28,565.86, as well as recovering an additional £9,799.60 in costs. As there was no personal injury claim, costs were immediately enforceable and have already been paid by the claimant’s solicitors.
A spokesperson from our Insurance Litigation team commented on this case:
“This case produced a great outcome for the defendant and our insurer client and is yet another excellent result for our Insurance Litigation team, who defend insurance companies daily from fraudulent claims.”
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